Ordinance 1986-09 ORDINANCE NO. 86- 9
AN ORDINANCE OF THE COUNCIL OF THE CITY OF GILROY
RELATING TO ISSUANCE OF BUILDING PERMITS IN ATTENDANCE
AREAS OF IMPACTED SCHOOLS.
THE COUNCIL OF THE CITY OF GILROY DOES ORDAIN AS FOLLOWS:
Section I. Intent' a~nd Findings.
The Council of the City of Gilroy has no responsibility
for or control over the administration of a school district.
The Council recognizes that it does not have the legal ability
to tax or enact revenue generating measures for the benefit
of a school district. It is also recognized, however, that
the local city or county planning subdivision and building
approval process - over which the schools have no control - can
result in overcrowded classrooms when enrollment increases
faster than the district is able to provide the necessary
facilities. Overcrowding in schools of necessity reduces the
quality of education for all students and makes it more difficult
to provide the individual attention necessary to overcome
learning disabilities and the resulting frustration which often
culminates in juvenile delinquency. It has a direct adverse
effect upon the health, safetY aad welfare of the entire community.
By enacting this ordinance, the Council of the City of Gilroy
expresses an intention to exercise its land use authority in
a manner which will not further overcrowd facilities of an
impacted school district.
Section II. Declaration of Impaction
At any time during the year the governing board of the Gilroy
Unified School District may submit an .application to the Council
ORDINANCE NO. 86-9
requesting a declaration of impaction, The Council shall
set a public hearing within 30 days of receipt of such
application. Following completion of the public hearing the
Council by resolution may adopt a declaration of impaction
if it makes either of the following findings;
(a) That within one or more schools within the district
the area allocated to classroom and related space is less
than 55 square feet per pupil for kindergarten and grades one
through five, 75 square feet per pupil for grades six through
eight, and 85 square feet per pupil for grades nine through
twelve.
(b) That for reasons uniqUe to a particular school it is
deemed to be overcrowded notwithstanding sufficient square
footage per pupil as described in (~) above. For example,
architectural factors relating to the time when a particular
facility was constructed may render it unique. The policies
and programs of a district's governing board may create unique
circumstances at a particular school.
For purposes of making the finding under either (a) or (lb)
above, the Council may consider the number of residential parcels
proposed to be created under approved and still valid tentative
subdivision maps on real property located within the attendance
area of the school in question. Enrollment projections for
such subdivisions, with supporting documentation, shall be made
by the district and submitted with its application for
consideration by the Council.
ORDINANCE NO. 86-9 -2-
The declaration of impaction automatically expires one
year from the date of adoption unless earlier renewed upon
application from the governing board of the district.
Applications for renewal shall be processed and acted upon
in the same manner as an original application. The
declaration of impaction shall not be applicable district
wide but only as to the attendance area of schools determined
to be impacted.
Section III. Form of ApPlication.
The application for a declaration of impaction shall be
in the form of a resolution adopted by the governing board
of the district. It shall specify the reasons why a particular
school or schools are deemed to be impacted, shall indicate
the square footage per pupil, and shall include a map with
sufficient detail to establish the attendance area of the
school or schools in question. The resolution shall also
state the extent to which the governing board has considered
and rejected or implemented the following options to alleviate
impaction:
f
g
h.
ORDINANCE NO. 86-9
Temporary buildings;
'Busing;
Double sessions;
Extended day program;
Year-round school attendance
Open enrollment;
Attendance area realignment;
Elimination of low priority uses at the impacted school;
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i. Increasing the tax rate;
j. Election for bond authorization.
Together with its resolution of application for a
declaration of impmction, the governing board shall submit
a statement showing the range of mitigation measures
available to an applicant for a building permit on prOperty
within the attendance area of an impacted school.
Section IV. Issuance of Permits.
(a) Copies of the Council's declaration of impaction,
together with maps of the attendance area of the impacted
school or schools, shall be available for the public at
the offices of the Secretary of the Planning Commission and
the Chief Building Inspector.
(b) No ordinance rezoning property to a residential
use, discretionary permit for residential use or tentative
subdivision map for residential use shall be approved for
a development within the attendance area of an impacted school
unless the applicant presents correspondence from the school
district showing that measures to mitigate the impact of the
proposed development upon the affected school have been agreed upon
between the applicant and the district or have been waived
by the district. Where the land use approval can be conditionally
granted, the application may be conditioned to require such
agreement or waiver prior to final approval of the use.
ORDINANCE NO. 86-9
(c) If the payment of fees is required as a means of
mitigating the impact of the development, the payment shall
be made at the time a building permit or mobilehome permit
is issued or at a later time as may be agreed upon by the
district.
(d) No building permit or mobilehome permit for a
residential use shall be issued within the attendance area of
an impacted school unless a clearance letter has been issued
by the school district attesting that the required mitigation
measures have been satisfied or are waived.
(e) "Residential use" means a project containing
residential dwellings, including mobilehomes, of one or more
units or a suSdi¥ision of land for the purpose of constructing
one or more residential dwelling units.
Section V. Alternate Method.
The method of mitigating school impaction enacted by
this Ordinance is an alternate to the method set forth in
Gilroy Ordinance No. 77-~41 and Government Code Sections 65970
e_!t. seq., as authorized by the California 'Supreme Court
in Candid Ent'erprfSes, IHc. v.' ~Grossmont Union High School
District, filed September 26, 1985. Gilroy Ordinance No. 77-25
is hereby repealed.
PASSED AND ADOPTED this 7th day of July 1986 by the
following vote:
AYES:
NOES:
COUNCILMEMBERS: GAGE, KLOECKER, MUSSALLEM,
PALMERLEE, VALDEZ and HUGHAN
COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: ALBERT
ATTE : AP~~~
I, SUSANNE Eo STEIN~TZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Ordinance NOo 86-9 is an
original ordinance, duly adopted by the Council of the City of
Gilroy at a regular meeting of said Council held on the 7th
~day of July , 19 86 , at which meeting a quorum was
present°
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the Official Seal of the City of Gilroy, this 17th day of
July , 19 86 .
7~lty Clerk of the Czty of Gllroy~-~